Clark v. New York Telephone Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: We agree with appellant that the amended complaint does not fully comply with the prior order, from which no appeal was taken, dismissing the complaint and authorizing service of an amended complaint. Although the principle of "the law of the case” binds Judges of co-ordinate jurisdiction, including the Judge who made the order, it does not bind appellate courts (Field v Public Administrator of County of N. Y, 10 AD2d 97; see 1 Carmody-Wait 2d, NY Civ Prac, § 2:64). We, therefore, consider the…
2Cases cited12 opinions
- General Stencils, Inc. v. ChiappaNew York Court of Appeals · 1966
- Morrison v. National Broadcasting Co.New York Court of Appeals · 1967
- Nader v. General Motors Corp.New York Court of Appeals · 1970
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Penn-Ohio Steel Corp. v. Allis-Chalmers Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1959
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3Cited by23 opinions
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- Felice v. St. Agnes HospitalAppellate Division of the Supreme Court of the State of New York · 1978
- Fidenas AG v. Honeywell Inc.District Court, S.D. New York · 1981
- Nestlerode v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- Alexander & Alexander of New York, Inc. v. FritzenAppellate Division of the Supreme Court of the State of New York · 1985
18 more not listed; retrieve them via the Exa API.